Off-Campus Misconduct Accusations in Florida

The Often Unseen Link Between Off-Campus Actions and On-Campus Consequences

If you send your student to a K-12 school in Florida, you may assume that any sanctions your student receives will be due to things that happen at that school. You might be mentally prepared for that, and you may understand how you'll go about defending your child in that specific scenario.

Unfortunately, the disciplinary scenarios your child may be up against may not be so simple. For example, your student may attend a beach party in Miami or go to a gathering in Fort Lauderdale fully believing that off-campus incidents will stay off-campus. Or, alternatively, your student could inadvertently post something untoward on social media, not realizing that your school could learn about it and decide to penalize your student for saying something that doesn't reflect well on your school's academic community.

If someone reports your student for misconduct, whether it occurs on campus or not, your school may take notice, investigate, and recommend steep sanctions for your child. You can't ignore those sanctions because some types of discipline (like suspensions and expulsions) have incredibly far-reaching ramifications that can reach far into your child's future.

Don't let that happen to them. Instead, if discipline related to off-campus misconduct at your student's Florida school seems to be in your future, retain the premier services of the Student Defense Team at the Lento Law Firm. Call us today — the number is 888.535.3686; or, alternatively, contact us by filling out this brief form.

Handling Off-Campus Misconduct Accusations in Florida Schools

You may be wondering: What types of off-campus misconduct can land a student in trouble? Especially when there really seems to be no direct relation between a student's alleged actions and their educational institution's policies.

The families of students who attend schools all across Florida, from Miami-Dade County to Broward County, are asking themselves similar questions. Increasingly, students who are involved in actions wholly disconnected from school, from neighborhood car break-ins to racially insensitive remarks posted on personal social media accounts, are receiving disciplinary repercussions.

Why?

Often, the school or school district's response included the belief that students (no matter where they are or what time it is) represent the values of their school.

Unfortunately, this leaves a lot up to interpretation.

We'll provide some structure. In our experience, there are three tiers of actions schools are showing a proclivity towards punishing:

  • Actions entirely unrelated to school, such as a car theft or property damage off campus.
  • Actions tangentially related to school policies, such as racist social media posts or derogatory remarks about groups of people.
  • Actions directly involving the school or its members, such as using school graphics in lewd ways online or threatening members of the school community, regardless of location.

The more obviously connected an action may be to the school, school district, or members of a school community, the more a school's administration will be able to recommend stern discipline for the involved students.

However, even that is becoming less and less clear, with Floridian schools starting to crack down on anything that may, ostensibly, paint a picture of the student's character or reflect poorly on the school. Understanding how to move through these disciplinary processes in a way that protects the student's future is critically important. That's where the Student Defense Team at the Lento Law Firm is ready to assist.

Understanding the Variations in Possible Adjudications in Florida Schools

Just as there are tiers of potential infractions that could attract a school's attention, even if they happen off-campus, there are tiers of possible adjudications.

For example, your own school's conduct policies likely specify a wide range of approaches that your school may take when adjudicating any type of misconduct. The problem is that even though it may be relatively clear which type of punishment matches which offense when it comes to traditional on-campus violations (such as cheating or in-person bullying), when your school tries to adjudicate off-campus misconduct, connecting the dots becomes much more subjective.

Consider the following hypothetical examples:

  1. For misconduct that is not related to school policy or does not involve another member of the academic community, a Floridian school may decide to opt for milder disciplinary actions (such as mandatory counseling or community service).
  2. For misconduct somewhat related to the school and its community, even if it happens off campus, a school may feel justified in taking a more intensified disciplinary approach — such as, for example, recommending a suspension or recommending the student attend a (mandatory) sensitivity training session.
  3. For instances of off-campus misconduct that implicate other members of the school community, a school may decide to expel a student or recommend a longer-term suspension.

Importantly, consequences associated with off-campus misconduct are not serious or noteworthy only if they are more obviously, immediately severe. Don't get complacent about some of the seemingly more mild forms of discipline! If your student nets any kind of disciplinary experience that makes it to their permanent record — such as a suspension or expulsion, which will always make themselves evident through gaps on your student's transcript — then your student's future academic life may be much harder than it needs to be.

When your student goes to apply to their dream college, they'll need to submit their transcript and student records as part of the application process. Application officers are trained to spot disciplinary irregularities within application packets and will subsequently ask your child lots of difficult questions about their disciplinary history. This experience will be stressful and could even result in your student failing to achieve admittance to a school they would have otherwise been able to attend.

Fortunately, if your student is in this situation, that's not the end of the road. There may be many things you can do to help your student achieve a more successful outcome.

First Things First: Realize Your School's Reaction May Not Match Your Expectations

Here's the thing about legal procedures, such as the ones you may have seen popularized on TV.

They're usually methodical. They usually follow easy-to-recognize rules. They may take time. They tend to make sense.

Your school's adjudication process will not be exactly like external legal procedures. Your school may react to off-campus misconduct with surprising severity or even a swiftness that you won't see coming. If there is any possibility that the safety of any members of your academic community is in question, for example, your school could suspend your student immediately before even performing an extensive investigation.

Do not expect a uniform, measured approach to school discipline. Instead, you and your student need to prepare yourselves for a wide range of investigatory activities, interim consequences, and long-term ramifications associated with your student's disciplinary experience.

Secondly: Get Your Bearings Before Navigating School Disciplinary Situations

If you've just received word that your student could be involved in off-campus misconduct procedures at your school, you're likely overwhelmed. It might not seem like there's a lot you can do.

There likely is, but you're going to need to be proactive — and get prepared. Here are a few things you can do to help set the stage for success for both your student and your family:

  1. Retain the services of the Student Defense Team at the Lento Law Firm. Our team of experienced attorneys has helped students both nationwide and across Florida protect their reputations and their academic futures after misconduct allegations. Call our team, and we can work to help you achieve a similar result.
  2. Educate yourself about your school's existing disciplinary procedures. Your school should have a code of conduct freely available on its website. Download it, review it, and if your school has provided any references to sanctions or code violations in relation to your student's alleged misconduct, read those sections in detail.
  3. Document everything. The moment you realize that your student could be under investigation for something even completely innocuous or clearly outside the school's normal purview, start a folder to collect all related documentation and communication. Save emails, social media posts, paper correspondence, or anything that may seem at all connected to your child's case.

Finally, learn as much as possible about what might happen in the days and weeks ahead for you and your child. Knowing what may come, from investigations to hearings, appeals, and beyond, will help you prepare yourself in the most strategic way possible. Your attorneys at the Lento Law Firm will be able to help you in this regard so you're able to feel as confident as possible moving forward.

Here's Precisely What the Lento Law Firm Can Do for You and Your Family

When your child's future is at stake, you need to work with professionals who have specific experience in the confusing world of student defense and education regulations.

Here, the Student Defense Team at the Lento Law Firm can offer unmatched support. When you retain the premiere services of our team, you can expect:

  • A case evaluation. When you first consult the Lento Law Firm, we'll take time as needed to review the specifics of your case. That will allow us to offer you the tailored recommendations you need to make the most of your unique situation.
  • Experienced representation. At several points throughout your student's disciplinary experience, you may need to liaise with or represent yourself in front of school representatives. Our team can take charge in these delicate situations to uphold your student's rights and help you tell your story in the most compelling way possible.
  • Deft negotiation with school authorities. In our experience, opening direct negotiations with a school's office of general counsel is often a good way to move forward, even when it seems like you have no good alternative before you. We know how to speak the language of school regulations and can argue persuasively with the people in charge at your school.
  • Support through appeals, litigation, and more. If it seems like you have exhausted all of the official channels for relief at your school, including the normal disciplinary process and any general avenues for appeals, we are not afraid to move forward with a lawsuit or to escalate your case to higher courts.

Working with a team of experienced attorneys who know education law inside and out and are ready to work for you and your student will be a game-changer. Don't try to fight for your student alone. Instead, allow the Student Defense Team at the Lento Law Firm to shoulder this case for you so you can spend your time supporting your student during this difficult time.

When the Line Between Off-Campus Activities and Academic Repercussions Becomes Too Thin, Call the Student Defense Team for Support

K-12 schools in Florida are taking a closer and closer look at what students are up to in their off time. This can pose concerns for students and parents alike. If a student is allegedly involved in misconduct off-campus, how much authority does your school really have to recommend related sanctions?

This can be a very complicated question. You don't want your child to get caught up in labyrinthine logistics, and you certainly don't want any sanctions your student receives to impact their entire future. Yet if your school recommends a sanction after a problematic social post or party-related altercation, that's exactly what could happen.

At the Lento Law Firm, we're passionate about protecting the futures of K-12 students both nationwide and in Florida. We're here to help you understand your options, know your rights, and feel ready to negotiate strategically with your school to work toward a resolution that is fair (and doesn't wreak havoc on your child's academic future). If you need help handling your school's investigation, your appeal, or any part of your school's disciplinary process, call our team today at 888.535.3686 or fill out this brief form to tell us about your case.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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